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STATE OF NEW YORK
________________________________________________________________________

9145

IN ASSEMBLY

January 27, 2012
___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Mental Health

AN  ACT  to amend the mental hygiene law, in relation to the location of
  methadone treatment centers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
22.13 to read as follows:
S 22.13  LOCATION OF METHADONE TREATMENT CENTERS.
  (A)  IN ADDITION TO ANY OTHER REQUIREMENTS OF THIS  CHAPTER  OR  OTHER
PROVISION  OF  LAW,  RULE  OR  REGULATION, NO METHADONE TREATMENT CENTER
SHALL BE ESTABLISHED, APPROVED, MAINTAINED OR CONTINUED WHICH  SHALL  BE
WITHIN  A RADIUS OF FIVE HUNDRED FEET OF A BUILDING OCCUPIED AS A PUBLIC
OR PRIVATE EDUCATIONAL INSTITUTION AT  THE  SECONDARY  LEVEL  OR  BELOW,
DAY-CARE  CENTER,  PARK,  CHURCH,  SYNAGOGUE  OR  OTHER PLACE OF WORSHIP
UNLESS LOCATED  IN  A  HOSPITAL;  THE  MEASUREMENTS  TO  DETERMINE  SUCH
DISTANCE  SHALL BE TAKEN IN A STRAIGHT LINE FROM THE CENTER OF THE NEAR-
EST ENTRANCE OF SUCH PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION, DAY-CARE
CENTER, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE CENTER OF THE
NEAREST ENTRANCE OF SUCH METHADONE TREATMENT CENTER.
  (B)  WITHIN THE CONTEXT OF THIS SECTION,  THE  WORD  "ENTRANCE"  SHALL
MEAN  A  DOOR  OF  A  PUBLIC  OR  PRIVATE  EDUCATIONAL INSTITUTION, OF A
DAY-CARE CENTER, OF A HOUSE OF WORSHIP, OR OF SUCH  METHADONE  TREATMENT
CENTER  REGULARLY  USED  TO GIVE INGRESS TO STUDENTS, TO THE PARENTS AND
CHILDREN OF THE DAY-CARE CENTER, TO THE  GENERAL  PUBLIC  ATTENDING  THE
PLACE  OF  WORSHIP,  AND  TO ANY DRUG DEPENDENT PERSONS BEING TREATED AT
SUCH METHADONE TREATMENT CENTER;  EXCEPT THAT, WHERE A PUBLIC OR PRIVATE
EDUCATIONAL INSTITUTION, DAY-CARE CENTER OR HOUSE OF WORSHIP IS SET BACK
FROM A PUBLIC THOROUGHFARE, THE WALKWAY OR STAIRS LEADING  TO  ANY  SUCH
DOOR  SHALL  BE DEEMED AN ENTRANCE AND THE MEASUREMENT SHALL BE TAKEN TO
THE CENTER OF THE WALKWAY OR STAIRS AT THE  POINT  WHERE  IT  MEETS  THE
BUILDING  LINE  OR  PUBLIC  THOROUGHFARE.   A DOOR WHICH HAS NO EXTERIOR
HARDWARE, OR WHICH IS USED SOLELY AS AN EMERGENCY OR FIRE  EXIT  OR  FOR
MAINTENANCE  PURPOSES,  OR  WHICH LEADS DIRECTLY TO A PART OF A BUILDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05868-03-1
A. 9145                             2

NOT REGULARLY USED BY SUCH DRUG DEPENDENT PERSONS SHALL NOT BE DEEMED AN
"ENTRANCE".
  S  2.    This  act  shall take effect seven months after it shall have
become a law.